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There have been several cases where SMSF advisers have been held liable for loss suffered in an SMSF. However, in a recent case, the AAT did not accept a director of an SMSF trustee blaming their accountant for SMSF compliance breaches.

Employers have many tax and superannuation obligations when it comes to their employees. While there is a common law test for whether someone is an ‘employee’, different legislation expands the ordinary meaning to deem particular individuals to be employees when they are not. This can create significant problems where employers or their advisers miss or misapply the deeming provisions and there is a shortfall tax liability over a number of years.

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